Clark et al v. Phelps et al
| Merri Sue Clark and Richard W. Clark |
| Annette Phelps, April Curtis, Mediation Case Manager, LSF9 Master Participation Trust, Quality Loan Service Corporation of Washington, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, Caliber Home Loans, Inc., Courtney Ruiz, Canopy Software, Inc., Fay Servicing, LLC and LSF9 Mortgage Holdings, LLC |
| 6:2021cv01139 |
| August 3, 2021 |
| US District Court for the District of Oregon |
| Michael J McShane |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on July 20, 2023. A more recent docket listing may be available from PACER.
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Filing 22
Notice of Change of Address. Filed by Canopy Software, Inc., April Curtis. (Kozuma, Kenji)
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Filing 21
Plaintiffs' Response to Defendants Caliber Home Loans / Courtney Ruiz Motion to Dismiss #16 . Oral Argument requested. Filed by Merri Sue Clark, Richard W. Clark. (Attachments: #1 Exhibit A) (jw)
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Filing 20
Reply to Motion to Dismiss Plaintiffs' Amended Complaint and Memorandum in Support Thereof Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #7 Oral Argument requested. Filed by Canopy Software, Inc., April Curtis. (Kozuma, Kenji)
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Filing 19
Response to Motion to Remand to State Court #15 . Filed by Fay Servicing, LLC. (Abbott, Thomas)
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Filing 18
Scheduling Order by Judge Michael J. McShane: Defendants unopposed emailed request for extension of time is granted. Replies to Motions to Dismiss #7 and #10 are due by 9/23/2021. Responses regarding Motion to Remand to State Court #15 are due by 9/23/2021. Ordered by Judge Michael J. McShane.(Deposited in outgoing mail to pro se party on 9/15/2021.) (cp)
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Filing 17
Motion for Declaratory Judgment (Titled "Second Amended Declaratory Judgment; Mandamus; Conspiracy to Unlawfully Obtain Money from Plaintiffs; Remove Cloud; Deceit; Civil Extortion; Negligent Infliction of Emotional Distress; Defamation; Permanent Injunction; Unfair Collection Practices; Money Had and Received.") Oral Argument requested. Filed by Merri Sue Clark, Richard W. Clark. (Attachments: #1 Exhibits A-R) (jw)
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Filing 16
Motion to Dismiss for Failure to State a Claim and Request for Judicial Notice in Support of the Motion to Dismiss Plaintiffs' Amended Complaint. Filed by Caliber Home Loans, Inc., Courtney Ruiz. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order, #3 Certificate of Service) (Abbott, Thomas) Modified on 9/13/2021 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd)
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Filing 15
Motion to Remand to Oregon Circuit Court. Oral Argument requested. Filed by Merri Sue Clark, Richard W. Clark. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (jw)
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Filing 14
Plaintiffs' Response to Defendants' Annette Phelps, April Curtis, Mediation Case Manager, Canopy Software, Inc. Motion to Dismiss #10 . Oral Argument requested. Filed by Merri Sue Clark, Richard W. Clark. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F) (jw)
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Filing 13
Plaintiffs' Response to Defendant Fay Servicing, LLC's Motion to Dismiss #7 . Oral Argument requested. Filed by Merri Sue Clark, Richard W. Clark. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (jw)
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Filing 12
Corporate Disclosure Statement . Filed by Canopy Software, Inc., April Curtis, Mediation Case Manager, Annette Phelps. (Kozuma, Kenji)
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Filing 11
Notice of Related Case Filed by Canopy Software, Inc., April Curtis, Mediation Case Manager, Annette Phelps. (Kozuma, Kenji)
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Filing 10
Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Annette Phelps, Canopy Software, Inc., April Curtis, Mediation Case Manager. (Kozuma, Kenji)
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Filing 9
OPINION AND ORDER: Plaintiffs motion for a temporary restraining order, #8 is denied. Signed on 8/10/2021 by Judge Michael J. McShane. (Deposited in outgoing mail to pro se party on 8/11/2021.) (cp) Modified on 8/11/2021 to correct docket text, resent NEF(cp).
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Filing 8
Plaintiff's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction. Oral Argument requested. Expedited Hearing requested. Filed by Merri Sue Clark, Richard W. Clark. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N) (jw)
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Filing 7
Motion to Dismiss Plaintiffs' Amended Complaint and Memorandum in Support Thereof Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by Fay Servicing, LLC. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order) (Abbott, Thomas)
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Filing 6
Notice of Appearance of John M. Thomas appearing on behalf of Quality Loan Service Corporation of Washington. Filed by Quality Loan Service Corporation of Washington. (Thomas, John)
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Filing 5
Clerk's Notice of Mailing to Pro Se parties Merri Sue Clark and Richard W. Clark regarding Discovery and Pretrial Scheduling Order #4 . (jw)
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Filing 4
Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 12/2/2021. Joint Alternate Dispute Resolution Report is due by 1/3/2022. Pretrial Order is due by 1/3/2022. Ordered by Judge Michael J. McShane. (jw)
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Filing 3
Corporate Disclosure Statement . Filed by Caliber Home Loans, Inc., Fay Servicing, LLC, LSF9 Master Participation Trust, LSF9 Mortgage Holdings, LLC, Courtney Ruiz, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. (Abbott, Thomas)
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Filing 2
Notice of Related Case Filed by Caliber Home Loans, Inc., Fay Servicing, LLC, LSF9 Master Participation Trust, LSF9 Mortgage Holdings, LLC, Courtney Ruiz, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. (Abbott, Thomas)
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Filing 1
Notice of Removal of Case Number 21CV23009 from Lane County Superior Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-8180419 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by LSF9 Master Participation Trust, Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, LSF9 Mortgage Holdings, LLC, Fay Servicing, LLC, Courtney Ruiz (Attachments: #1 Exhibit A (First Amended Complaint), #2 Civil Cover Sheet). (Abbott, Thomas)
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